Sch 5Notice of right to elect to be prosecuted

Schedule 5—Notice of right to elect to be prosecuted Civil penalty for contravention—notice of right to elect to be prosecuted for contravention Radiation Protection and Control Act 2021—section 66(3)(a) File Number: Issued by: To: [insert full name, company name (if applicable), postal address and any other information relevant for service of the notice] Notice to alleged offender 1 The Minister for Climate, Environment and Water is satisfied that you have committed an offence by contravening a provision of the Radiation Protection and Control Act 2021 as follows: Provision contravened: Address or location of contravention: Details of contravention: 2 The purpose of this notice is to advise you that you may, by written notice to the Minister, elect to be prosecuted for the contravention (see section 66(3) of the Act). If you do not elect to be prosecuted, the Minister may commence civil penalty proceedings under section 66 of the Act for the purpose of obtaining an order from the Environment, Resources and Development Court that you pay an amount as a civil penalty in respect of the contravention. In these civil proceedings, any contravention of the Act would only need to be proved on the balance of probabilities. 3 If you elect to be prosecuted, rather than negotiating a civil penalty with the Minister or facing civil penalty proceedings, you must serve a written notice on the Minister within 21 days after service of this notice.